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CommissionfortheInvestigationofAbuseofAuthorityAct

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    Commission for the Investigation of

    Abuse of Authority Act, 1991

Commission for the Investigation of Abuse

    of Authority (First Amendment) Act, 1991 1991 November 20

Commission for the Investigation of Abuse

    of Authority (Second Amendment) Act, 2002 2002 August 15

    Preamble: Whereas it is expedient to make provisions for the Duty, Power and

    Responsibilities and Working Procedure of the Commission for the Investigation of

    Abuse of Authority, 1991;

    Now, therefore, Parliament has, in the twentieth year of the reign of His Majesty King

    Birendra Bir Bikram Shah Dev, enacted this Act.

    Chapter I

    Preliminary

    1. Short Title and Commencement

    (1) This law shall be called the Commission for the investigation of abuse of authority

    Act, 1991.

    (2) This law shall be applicable throughout the kingdom of Nepal, as well as to all

    Nepali citizens, wherever they may be living or residing outside the kingdom of

    Nepal.

    (3) It shall come into force at once.

    2. Definitions

     Unless otherwise meant with reference to the subject or context, in this Act,

    (a) "Constitution" means the Constitution of the Kingdom of Nepal, 1990

    (b) "Commission" means the Commission for the Investigation of Abuse of Authority,

    constituted under Article 97 of the Constitution of the Kingdom of Nepal

    (c) "Commissioner" means including the Chief Commissioner of the Commission.

    (d) "Person holding a public post" means any person who is holding a post of

    responsibility or is entitled to exercise any right in pursuance of the Constitution,

    other prevailing laws or decisions or orders of the concerned body or authority and

    the term shall also mean an official or employee holding any post in a public

    institution.

    (e) "Public Institution" shall mean the following institutions:

    1. A company, bank or committee wholly or partly owned or controlled by His

    Majesty's Government or commissions, organizations, authority, corporations,

    Page 1 CIAA Act, 1991: Unofficial translation

    academy, boards, centers, councils or any other organized institution of such

    nature established by His Majesty's Government,

    2. Universities, campuses, schools, research centers and any other academic or

    educational institutions run by His Majesty's Government or receiving full or

    partial grants from His Majesty's Government,

    3. Local bodies constituted under the Local Self-Governance Act, 1999,

    4. Institutions run with loans, grants or guarantee of His Majesty's Government.

    5. Institutions with full or partial ownership in the institutions stated in Sub-

    Clauses (1), (2), (3) or (4),

    6. Any other institution designated as public institution by His Majesty's

    Government by publishing a notification in the Nepal Gazette.

    (f) "Investigation Officer" means a person designated under this law for conducting

    inquiries and investigations into abuse of authority.

    (g) "Improper Action" means any action as mentioned in Section 3, committed by a

    person holding a public post.

    (h) "Corruption" means an offence punishable under the current laws relating to the

    elimination of corruption.

    (i) "Abuse of Authority" means an improper action as mentioned in Clauses (g) or (h)

    or corruption,

    (j) "Court" means the court pursuant to Section 34 (1),

    (k) "Authority" means an authority provided for in current laws or agreements or any

    other written documents relating to terms and conditions of service of a person who

    is holding a public post, and the term shall also apply to a person authorized to

    appoint, dismiss from service or supervise the works of such persons.

    3. Improper action: Any of the following actions taken willfully or negligently by a person holding a public post shall be deemed as an improper action: (a) Who has refused to do anything within his jurisdiction or done anything for which

    he has no powers,

    (b) Who has failed to comply with the mandatory working procedures while taking

    any decision or issuing any order,

    (c) Who has exercised powers vested with him for any objective or purpose in

    contravention of the appropriate laws, decision or order,

    (d) Who has exercised his discretionary powers in a malafide or arbitrary manner, (e) Who has created unauthorized obstruction in the work of any other office, official

    or employee, or compelled them to do any unauthorized acts by exerting pressure

    on such office, official or employee,

    (f) Who has shifted the responsibility by not doing anything which he or she should

    have done, but sent it to another office or official,

    Page 2 CIAA Act, 1991: Unofficial translation

    (g) Who has failed to discharge any duty pertaining to his post, which he is required to

    discharge according to the nature of the post.

    (h) Who has got his work done by exerting undue pressures on an employee who is

    subordinate to him or any person who is under his influence, or

    (i) Who has abused the immunity, facilities or privileges acquired in the capacity of his

    post.

    Chapter II

    Provisions Regarding Jurisdiction of the Commission

    4. Jurisdiction of the Commission: The Commission, in accordance with this Act or other

    current laws, may conduct investigations, file cases or take any action against any person holding a public post found guilty of abusing powers. Provided that, a. In matters contained in the proviso of Article 98 (1) of the Constitution, actions shall

    be taken accordingly.

    b. The Commission, pursuant to the Act, shall not take any action in matters relating

    to any business or decisions taken at meetings of any House of Parliament or of any

    committee or anything said or done by any member at such meetings, or any policy

    decisions taken by the Council of Ministers or any committee thereof or judicial

    actions of a court of law.

    5. * Repealed by the Second Amendment

    6. Regarding actions by the Commission on improper acts in institutions: The

    Commission may refer any complaint filed with it regarding any improper action in any public institution to the concerned institution, or to the concerned higher body for action, according to circumstances, on the condition that the report is submitted to it, and such body shall inform both the Commission and the complainant about the action and decision taken in respect thereto.

    Provided that in case the Commission so deems necessary, it may conduct a fresh inquiry or initiate action itself in respect to such complaint.

    7. Commission not allowed to raise questions about exercise of discretionary powers:

    The Commission shall not initiate any action under this Act with regard to any action or decision taken by any officer in any matter in exercise of his discretionary powers.

    Provided that in case it appears that such discretionary powers have been exercised in a malafide or arbitrary manner, nothing mentioned in this Section shall be deemed to have prevented the Commission from initiating action in respect thereto.

    Page 3 CIAA Act, 1991: Unofficial translation

    Chapter III

    Provisions Regarding Improper Actions

    8. Complaints with regard to improper acts:

    (1) In case anyone commits improper actions having an adverse effect on matters of

    public interests or concern, anyone may file a complaint with the Commission and

    in case of matters other than this, any person who is adversely affected by the

    improper action may lodge a complaint.

     Provided that in case the person adversely affected by improper acts has already

    died or it is proved that he is unable to file a complaint because of physical or

    mental incapacity, the Commission may initiate action in respect thereto on the

    basis of a complaint filed by his heir or guardian as well.

    (2) Notwithstanding no one filing a complaint pursuant to Sub-Section (1), in case a

    tip-off is received to the Commission from any source about an improper action

    being committed adversely affecting matters of public interest or concern, the

    Commission, pursuant to this Act, may conduct an inquiry or investigation and

    take necessary action with regard to it.

    (3) While filing a complaint as per Sub-Section (1) on matters having an adverse impact

    on public interest or concern, the complaint may be filed any time and with regard

    to matters other than this complaints shall be filed within 35 days after the

    complainant comes to know of it.

    (4) While submitting a complaint, the complainant must submit all the evidences in

    support of the complaint which are in his possession or which he can obtain.

    9. Verification of complaints: Except when the person adversely affected by improper

    actions personally files a complaint with the Commission, in case the complaint is forwarded to the Commission by post or by any other means, the Commission must summon the complainant to appear before it within seven days after receiving such complaint for its verification.

    Provided that in case the contents of the complaint show that it is not based on the facts or is unclear or confusing, the Commission may decide not to take any action in respect thereto. The Commission shall inform the person adversely affected by improper actions of such decision as early as possible.

    10. Procuring the relevant files and documents of evidence:

    In case the contents of the complaints, and any evidences, if any, submitted by the complainant in respect thereto, provide reasonable grounds to believe that any person holding a public post has done any improper action as mentioned in the complaint, the Commission may procure the relevant files or documents of evidence from the appropriate office, office-holder, or person, and in case of any person who can provide important information in respect thereto, the Commission may also interrogate such person.

    Page 4 CIAA Act, 1991: Unofficial translation

    11. Procedure for departmental action:

    1. In case any person holding a public post is deemed to have committed an

    improper action or there is reasonable ground to believe so from an investigation

    undertaken by the Commission, the Commission shall send a notification to such

    person by enclosing all the details obtained from the investigation into the

    complaint filed against him requiring him to submit a clarification within a

    prescribed period.

    2. While sending a notification pursuant to Sub-Section (1), the complaint filed

    against the person holding a public post, all the details acquired from the

    investigation, the ground on which the allegations against him are based or what

    kind of departmental action or punishment or action he should face in case he is

    convicted of the charge must be clearly mentioned in the notification.

    12. Written request for departmental action:

    1. In case any person holding a public post does not submit a clarification within the

    time as prescribed in Section 11 (1), or in case, in the opinion of the Commission,

    the clarification submitted by him is not deemed satisfactory, the Commission

    may caution him or write to the appropriate authority to take departmental action

    against him by clearly stating the reasons and grounds depending on the degree

    of offence.

    2. In case the request in writing has been received as per Sub-Section (1), the

    concerned authority shall propose an appropriate sentence and must inform the

    Commission within three months of taking departmental action as per the current

    laws.